For the purposes of this subchapter, the term:
(1) “Enclosed area” means all the space between a floor and ceiling that is enclosed on all sides by solid walls or windows or doors, exclusive of doorways, that extend from the floor to the ceiling.
(2) “Place of employment” means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, and vehicles owned by a private employer, if the vehicle is used by more than one person, and excludes a private residence, unless it is used as a child care, adult day care, or health care facility.
(3) “Public place” means an enclosed area to which the public is invited or in which the public is permitted, including banks, educational facilities, health care facilities, Laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, nightclubs, retail service establishments, retail stores, shopping malls, sports arenas, taverns, theaters, and waiting rooms, and excludes a private residence, unless it is used as a child care, adult day care, or health care facility.
(4) “Smoking” means the burning of a lighted cigar, cigarette, pipe, or any other matter or substance that contains tobacco.
(5) “Tobacco bar” means a restaurant, tavern, brew pub, club, or nightclub that generates 10% or more of its total annual revenue from the on-site sale of tobacco products, excluding sales from vending machines, or the rental of on-site humidors.
CREDIT(S)
(Oct. 3, 2001, D.C. Law 14-28, § 4915, as added Apr. 4, 2006, D.C. Law 16-90, § 2(b), 53 DCR 1087.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 16-90, the “Department of Health Functions Clarification Amendment Act of 2005”, was introduced in Council and assigned Bill No. 16-293 which was referred to the Committee on Health. The Bill was adopted on first and second readings on December 6, 2005, and January 4, 2006, respectively. It was assigned Act No. 16-276 and transmitted to both Houses of Congress for its review. D.C. Law 16-90 became effective on April 4, 2006.